Terms and Conditions.
LAST REVISION: 07-02-2018
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS
WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE
BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website, (the
"Website"), the institution’s offer of products for purchase on this Website, or your purchase of
products available on this Website. This Agreement includes, and incorporates by this reference,
the policies and guidelines referenced below. The institution reserves the right to change or
revise the terms and conditions of this Agreement at any time by posting any changes or a
revised Agreement on this Website. The institution will alert you that changes or revisions have
been made by indicating on the top of this Agreement the date it was last revised. The changed
or revised Agreement will be effective immediately after it is posted on this Website. Your use
of the Website following the posting any such changes or of a revised Agreement will constitute
your acceptance of any such changes or revisions. The institution encourages you to review this
Agreement whenever you visit the Website to make sure that you understand the terms and
conditions governing use of the Website. This Agreement does not alter in any way the terms or
conditions of any other written agreement you may have with The institution for other products
or services. If you do not agree to this Agreement (including any referenced policies or
guidelines), please immediately terminate your use of the Website. If you would like to print this
Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Website offers for sale certain products (the "Products"). By placing an
order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct The institution
sales reps, while they are calling you, of your desire to opt out from further direct company
communications and solicitations, you are agreeing to continue to receive further emails and call
solicitations The institution and its designated in house or third party call team(s).
Procedure: We provide 3 easy ways to opt out of from future solicitations.
1. You may use the opt out link found in any email solicitation that you may receive.
2. You may also choose to opt out, via sending your email address to the institution email
address as on the Contact Us page of the portal.
3. You may send a written remove request to The institution.
Proprietary Rights. The institution has proprietary rights and trade secrets in the Products. You
may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by
The institution. The institution also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales
Content; Intellectual Property; Third Party Links. In addition to making Products available, this
Website also offers information and marketing materials. This Website also offers information,
both directly and through indirect links to third-party websites, about nutritional and dietary
supplements. The institution does not always create the information offered on this Website;
instead the information is often gathered from other sources. To the extent that The institution
does create the content on this Website, such content is protected by intellectual property laws of
the India, foreign nations, and international bodies. Unauthorized use of the material may violate
copyright, trademark, and/or other laws.You acknowledge that your use of the content on this
Website is for personal, noncommercial use. Any links to third-party websites are provided
solely as a convenience to you. The institution does not endorse the contents on any such
third party websites. The institution is not responsible for the content of or any damage that may result
from your access to or reliance on these third-party websites. If you link to third-party websites,
you do so at your own risk. Use of Website; The institution is not responsible for any damages
resulting from use of this website by anyone. You will not use the Website for illegal purposes.
(1) abide by all applicable local, state, national, and international laws and regulations in your
use of the Website (including laws regarding intellectual property),
(2) not interfere with or disrupt the use and enjoyment of the Website by other users,
(3) not resell material on the Website,
(4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any
other type of unsolicited communication, and
(5) not defame, harass, abuse, or disrupt other users of the Website License. By using this
Website, you are granted a limited, non-exclusive, non-transferable right to use the content and
materials on the Website in connection with your normal, noncommercial, use of the Website.
You may not copy, reproduce, transmit, distribute, or create derivative works of such content or
information without express written authorization from The institution or the applicable third
party (if third party content is at issue). Posting. By posting, storing, or transmitting any content
on the Website, you hereby grant The institution a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from,
distribute, have distributed, transmit and assign such content in any form, in all media now
known or hereinafter created, anywhere in the world. The institution does not have the ability to
control the nature of the user-generated content offered through the Website. You are solely
responsible for your interactions with other users of the Website and any content you post. The
institution is not liable for any damage or harm resulting from any posts by or interactions
between users. The institution reserves the right, but has no obligation, to monitor interactions
between and among users of the Website and to remove any content The institution deems
objectionable, in MuscleUP Nutrition 's sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE
WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. The institution EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE
CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR
PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, The institution MAKES NO WARRANTY: THAT
THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE,
COMPLETE, OR TIMELY. THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO
INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED
HEREIN. AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING
ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
The institution ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN
EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND
PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED
TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS
PURCHASED VIA THE WEBSITE. The institution WILL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN
CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER,
INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO
USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING
SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR
OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4)
ANY LOST PROFITS YOU ALLEGE. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless The institution , and any of its
contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all
liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and
expenses, of third parties relating to or arising out of
(1) this Agreement or the breach of your
warranties, representations and obligations under this Agreement;
(2) the Website content or
your use of the Website content;
(3) the Products or your use of the Products (including Trial Products);
(4) any intellectual property or other proprietary right of any person or entity;
violation of any provision of this Agreement; or ;
(6) any information or data you supplied to The
When The institution is threatened with suit or sued by a third party, The institution
may seek written assurances from you concerning your promise to indemnify The institution ;
your failure to provide such assurances may be considered by The institution to be a material
breach of this Agreement. The institution will have the right to participate in any defense by you
of a third-party claim related to your use of any of the Website content or Products, with counsel
of The institution choice at its expense. The institution will reasonably cooperate in any defense
by you of a third-party claim at your request and expense. You will have sole responsibility to
defend The institution against any claim, but you must receive The institution prior written
consent regarding any related settlement. The terms of this provision will survive any
termination or cancellation of this Agreement or your use of the Website or Products.
The institution believes strongly in protecting user privacy and providing you with notice of our
is posted on the Website.
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be
bound by this Agreement and all terms and conditions on this Website.
Force Majeure. The institution will not be deemed in default hereunder or held responsible for
any cessation, interruption or delay in the performance of its obligations hereunder due to
earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor
strike, lockout, or boycott. Cessation of Operation. The institution may at any time, in its sole
discretion and without advance notice to you, cease operation of the Website and distribution of
the Products. Entire Agreement.
This Agreement comprises the entire agreement between you and The institution and supersedes
any prior agreements pertaining to the subject matter contained herein. Effect of Waiver.
The failure of The institution to exercise or enforce any right or provision of this Agreement will
not constitute a waiver of such right or provision. If any provision of this Agreement is found by
a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision, and the other
provisions of this Agreement remain in full force and effect. Governing Law; Jurisdiction.
This Agreement will be governed by the laws of India without regard to its conflict of law
principles to the contrary. Neither you nor The institution will commence or prosecute any suit,
proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach
of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other
than in courts located in India By using this Website or ordering Products, you consent to the
jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim
arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising
out of this Agreement and any related documents. Statute of Limitation. You agree that
regardless of any statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Website or Products or this Agreement must be filed within one
after such claim or cause of action arose or be forever barred. Waiver of Class Action Rights.
BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY
RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF
A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT
OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED
The institution reserves the right to terminate your access to the Website if it reasonably believes,
in its sole discretion, that you have breached any of the terms and conditions of this Agreement.
Following termination, you will not be permitted to use the Website and The institution may, in
its sole discretion and without advance notice to you, cancel any outstanding orders for Products.
If your access to the Website is terminated, The institution reserves the right to exercise whatever
means it deems necessary to prevent unauthorized access of the Website. This Agreement will
survive indefinitely unless and until The institution chooses, in its sole discretion and without
advance to you, to terminate it. Domestic Use. The institution makes no representation that the
Website or Products are appropriate or available for use in locations outside India. Users who
access the Website from outside India do so at their own risk and initiative and must bear all
responsibility for compliance with any applicable local laws. Assignment. You may not assign
your rights and obligations under this Agreement to anyone.
The institution may assign its rights and obligations under this Agreement in its sole discretion
and without advance notice to you. BY USING THIS WEBSITE OR ORDERING PRODUCTS
FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT.